General damages are intended to compensate victims of personal injury in Nevada for non-monetary injuries they experience.
General damages are intangible and difficult to calculate. These damages are often awarded for loss of consortium, pain and suffering, emotional distress, disfigurement, scarring, loss of enjoyment of life, inconvenience, and loss of function of a limb or another body part.
Your compensation is based on various factors, including the nature and severity of the injury, the amount of pain you experience, the length of recovery, and the disruption of your life. Most of these are pretty subjective, making it difficult to arrive at a number.
The law in Nevada does not provide a specific method or formula for determining the amount you’re owed. Instead, personal injury damages are based on actual expenses and compensation for general damages.
Damages are determined based on certain factors, such as the cause of the accident and who was at fault, the severity of both physical and mental injuries, whether the victim has suffered a permanent disability, the pain and suffering endured by the victim, and how the victim’s job and future earnings are impacted.
Three separate numbers need to be determined to make these calculations – special damages, medical special damages, and general damages.
How Are General Damages Calculated?
All the expenses that have been incurred and the estimation of future costs will form your total amount of economic damages.
Multiply your economic total damage by a number called a multiplier. The more severe your injuries are, the higher the multiplier.
When determining how much an injury claim is worth, most attorneys and insurance companies use a mathematical formula to estimate the value of an injury.
To get to a reasonable starting number for negotiating general damages, insurance companies and attorneys will multiply the amount of medical special damages by a factor of 1.5 to 5, depending on the severity of the injuries. In extreme cases, a factor of more than five may be used. Relatively minor injuries would be on the low end of the multiplier range, while debilitating or long-lasting injuries would likely be at the high end. For example, if you have suffered a minor injury with $2000 in medical bills, you may want to ask for $3000 in general damages ($2000 x 1.5).
If you have suffered a more severe injury, incurring $100,000 in medical bills, ask for $500,000 ($100,000 x 5) in general damages.
This new sum is the total amount of your non-economic damages. Add your economic and non-economic damages to determine the value of your claim.
The economic and non-economic damages you receive are not considered income and are not taxed.
Are There Caps on General Damages in Las Vegas?
No, there is no cap on recovering non-economic damages in Nevada personal injury cases. Only medical malpractice claims and claims against government entities have caps on general damages in Nevada.
When Is The Right Time To Value A Claim?
Your attorney should wait until you’ve attained maximum medical improvement before valuing your claim.
This is the right time to value the claim because you will get a clearer picture of the expenses incurred in treating your injuries, the treatments you will require, and whether the injury will affect your earning capacity.
Pacific West Injury Law – From Negotiation to Litigation, Our Attorneys Can Assess and Pursue A Fair And Just Compensation For You
Assigning an appropriate value to your Las Vegas personal injury claim is challenging and requires the skill and knowledge of an experienced personal injury lawyer in Las Vegas. Our attorneys specialize in accident and injury law at Pacific West Injury Law. They are committed to obtaining maximum compensation for victims of personal injuries in Las Vegas, Henderson, and North Las Vegas.
An experienced Las Vegas personal injury lawyer knows when and how to value your claim and the importance of providing other services such as initiating and managing communication with the at-fault party’s insurer, filing your claim in time, and obtaining evidence, expert, and witness testimonies to justify your claim’s value.
At Pacific West Injury Law, we go to great lengths to take care of our clients, which is why they trust us to protect their rights and build a strong case that holds negligent parties responsible.
The legal professionals at our Las Vegas personal injury law firm are fierce negotiators and skilled litigators who will do what it takes to help you recover the compensation you deserve.
If you or a loved one have suffered at the hands of another in Las Vegas, Henderson, or North Las Vegas, place your trust in our hands.
Contact us today to schedule a free consultation.